HomeMy WebLinkAbout900346.tiff RESOLUTION
RE: APPROVE REVOCATION OF USE BY SPECIAL REVIEW #735, ISSUED -TO
JOY A. JEFFERSON
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, pursuant to Colorado statute and the Weld County Home
Rule Charter, is vested with the authority of administering the
affairs of Weld County, Colorado, and
WHEREAS, on April 18 , 199-0 , a Show Cause Hearing was
conducted to consider _revocation of Use by Special Review #735 ,
issued -to Joy A. Jefferson, and
WHEREAS, Scott Jefferson was present to represent the holder
of said Use by Special Review, and
WHEREAS, the Board heard all of the testimony offered
concerning this -matter and, having been fully informed, Finds that
the burden of proof has been met as to violations of Development
Standards #1 , regarding uses permitted by this Use by Special
Review; #5, requiring an amendment of the Use by Special Review
before any material deviations are permitted; and #9 , xegarding
noncompliance with the Standards, and
WHEREAS , pursuant to said Findings, the Board deems it
advisable that Use by Special Review 4735 be revoked, with said
revocation becoming effective if the applicant has not submitted
an Amended Use by Special Review within one week from April 18,
199-0; or if the submitted application for an Amended Use by
Special Review is denied.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the Board does hereby
Find that Joy A. Jefferson, the holder of Use by Special Review
#735 , is in violation of Development Standards #1 , #8 , and #9 .
BE IT FURTHER RESOLVED by the -Board that Use by Special
Review 1735 be, and hereby is , revoked, with said revocation being
effective one week from April 18, 1990, if the application for an
Amended Use by Special Review is not submitted within that time;
or if said application is denied.
900346
Page 2
RE: REVOCATION OF USR #735 - JEFFERSON
The above -and foregoing Resolution was , on motion duly made
and seconded, adopted by the following vote on the 18th day of
April, -A.D. , 1990 .
BOARD OF COUNTY COMMISSIONERS
ATTEST: tfilaWEL OUNTY, CO RADO
Weld County C erk and Recorder
and Clerk to the Board ene R. Brantner, Chairman
r�
BY: �`7K /%k�o «�A1 orge -Kennedy, Pr6t Tem V Deputy County rka
APPROVED AS TO FORM: Constance L. Harher
ppp
C.W. Kirby /
County Attorney EXCUSED DATE OF SIGNING - AYE
Gordon E. Lacy
900346
HEARING CERTIFICATION
DOCKET NO. 90-11
RE: SHOW CAUSE HEARING TO CONSIDER REVOCATION OF UST BY SPECIAL REVIEW
#735 GRANTED TO JOY A. JEFFERSON
A public hearing was conducted on April 18, 1990, at 10:00 A.M. , with
the following present:
Commissioner Gene R. Brantner, Chairman
Commissioner George Kennedy, Pro-Tem
Commissioner Constance L. Harbert
Commissioner C.W. Kirby
Commissioner Gordon E. Lacy
Also present:
Acting Clerk to the Board, Mary Reiff
Assistant County Attorney, Lee D. Morrison
Planning Department representative, Lanell Curry
The following business was transacted:
I hereby certify that pursuant to a notice dated March 21, 1990, and
duly published April 5, 1990, in The New News, a public hearing was
conducted to consider revocation of Use by Special Review #735 granted
to Joy A. Jefferson. Lee Morrison, Assistant County Attorney, made
this matter of record. Lanell Curry, Planning Department
representative, said Scott Jefferson, representing the holder of the
Use by Special Review, this morning submitted a draft of an application
to amend this Use by Special Review. Because the application was
incomplete, the Department of Planning Services recommends that the Use
by Special Review be revoked, said -revocation to become effective if a
complete application to amend the Use by Special Review is not
submitted within a week. Scott Jefferson came forward and said the
application can be completed within a week. Commissioner Lacy moved to
continue this hearing one week. The motion died for lack of a second.
Mr. Jefferson said he is attempting to correct the violations by
amending the existing Use by Special Review. Mr. Morrison advised the
Board that they should determine whether or not violations are occuring
on the property and then determine what action shall be taken.
Commissioner Lacy moved to Find that Joy A. Jefferson is in violation
of Development Standards #1, #8, and #9 of Use by Special Review #735.
The motion, seconded by Commissioner Harbert, carried unanimously. The
Board asked for public testimony concerning the action to be taken.
Bob Ehrlich, representing Amigo Farms, Inc. ; and Manuel Pineda came
forward to offer comments. They were advised that the testimony they
wished to offer would be appropriate when the amendment of the Use by
Special Review is considered, and that they will be advised of future
hearings since they own adjacent land. Commissioner Lacy moved to
revoke Use by Special Review #735, granted to Joy A. Jefferson, with
said -revocation to be effective if a complete application for the
amendment of said Use by Special Review is not submitted within a week,
or upon denial of said application. The motion was seconded by
Commissioner Kennedy, and it carried unanimously.
900346
Page 2
RE: SHOW CAUSE - JEFFERSON
This Certification was approved on the 23rd day of April, 1990.
APPROVED:
tfifr7(/21 BOARD F COUNTY COMMISSIONERS
ATTEST: WELD NTY, COLO 0
Weld County Clerk and Recorder
and Clerk to the Boar,d- C R. rantner, Chairman
eputy County Kennedy,
� U
e Cle k Geo e nned Pro-Tem
11-44-41
onstance Harbert
E
5/
C.W. Kirby
EXCUSED DATE OF APPROVAL
Gordon E. Lacy
TAPE #90-20
DOCKET #90-11
PL0050
900346
ATTENDANCE RECORD
PLEASE write or print legibly your name, address and the name of the applicant
or Docket # for the hearing you are attending.
TODAY'S HEARINGS ARE AS FOLLOWS: APRIL 18, 1990
DOCKET # 90-10 CABLE TV FRANCHISE - STARR COMMUNICATIONS (9:00 A.M.)
DOCKET # 90-11 SHOW CAUSE, USR #735 - JOY A JEFFERSON
DOCKET # 90-12 USR-INJECTION WELL FOR DISPOSAL OF CLASS II LIQUID WASTE - WRIGHT'S DISPOSAL, INC.
NAME ADDRESS HEARING ATTENDING
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903346
NOTICE
Pursuant to the zoning laws of the State of Colorado and the Weld County
Zoning Ordinance, a public hearing will be held in the Chambers of the Board
of County Commissioners of Weld County, Colorado, Weld County Centennial
Center, 915 10th Street, First Floor, Greeley, Colorado, at the time
specified. All persons in any manner interested in the matter are requested
to attend and may be heard.
Should the applicant or any interested party desire the presence of a court
reporter to make a record of the proceedings, in addition to the taped
record which will be kept during the hearing, the Clerk to the Board's
Office shall be advised in writing of such action at least five days prior
to the hearing. The cost of engaging a court reporter shall be borne by the
requesting party.
BE IT ALSO KNOWN that the text and maps may be examined in the office of the
Clerk to the Board of County Commissioners, located in the Weld County
Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado.
DOCKET NO. 90-11 Joy A. Jefferson
35 Martin Lane
Englewood, Colorado 80110
DATE: April 18, 1990
TIME: 10:00 A.M.
REQUEST: Hearing to SHOW CAUSE for revocation of Use by Special Review 1/735
LEGAL DESCRIPTION: Part of the SEE, Section 32, Township 7 North, Range 67
West of the 6th P.M. , Weld County, Colorado
ISSUES: 1. Whether or not the facility is in violation of Development
Standard #1, regarding uses permitted by this Use by Special
Review.
2. Whether or not the facility is in violation of Development
Standard #8, which requires an amendment of the Use by
Special Review before any material deviations from the plans
or Standards are permitted.
3. Whether or not the facility is in violation of Development
Standard #9, regarding noncompliance with the Standards.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY: MARY ANN FEUERSTEIN
COUNTY CLERK AND RECORDER
AND CLERK TO THE BOARD
BY: Mary Reiff, Deputy
DATED: March 21, 1990
PUBLISHED: April 5, 1990, in The New News
X0346
NOTICE
Pursuant to the zoning laws of the
State of Colorado and the Weld
County Zoning e,a public
hearing be held in the
Chambers of the Board of County
Commissioners of Weld County,
Colorado, Weld County Centennial
Center, 915 10th Street, First
Floor, Greeley, Colorado,_et the
time specified:All persons in any
manner interested m the matter
are requested to attend and may
be heard.
Should the applicant or any
interested party desire the
presence of a court reporter to
make a record of the proceedings
in addition to the taped record
which will be. kept during the
hearing, the Clerk pto the Board's
Office shall be advised in wilting
of such action at least five days
prior to the hearing. The cost of
engaging a court re r shall be
borne by the reques party.
BE IT ALSO KNOWN that the
teEt and thee office� may
of the Clerk examined into the
Board of,County Commissioners,
(looc�attteddna1in �ftthhe Weld County
Street, R7Jrd nFloor,915 10th
Colorado.
DOCKETeffNO.90.11
Jerson
35 y A.J Martin Lane
Englewood,Colorado 80110
-- DATE:Aisrd 183_1990
,..---
\ TIME: 10-:00 REQUEST: A.M.
to SHOW
CAUSE for revocation of Use by
ecial Review No.735
LEGAL DESCRIPTION: Part of
the SE1/4, Section 32, Township 7
North Range 67 West'of the th
P.M. Weld County.Colorado
facil ISSUES: of ill violationt the
Development Standard No. 1,
regarding uses permitted by this
Use by Special Review.
ti,j vi Whether
n of or Develtopment
the facility is in
No. 8, which�requiress an
an
amendment of the Use by Special
.Review before any material
deviations from the plans or
Standards are permitted.
5 Vi 3.Whether or not the facility is in
1 violation te of Development Standard
c))?
No. 9, re= noncompliance
> with the StenBOA
r\,`1i'\ BOARD OF COUNTY
\, COMMISSIONERS
'I MELD COUNTY COLD ,qDp
V BY: MARY UANNTNyFrEUERSfFIN
RECORDER AND CCLERRK CLERK TOTO
g THE BOARD
DATBDI in,DEPUTY
ll) .C\.f1 . . J New News. Allini 8,11.01 in The
% 7thec_&j� ,f -„se --
900346
SHOW CAUSE
DATE: April 18, 1990
CASE #ZCH-60
OPERATOR PROPERTY OWNER
NAME: Scott Jefferson NAME: Ms. Joy A. Jefferson
ADDRESS: 7681 Weld County Road 74 ADDRESS: 35 Martin Lane
Windsor, CO 80550 Englewood, CO 80110
LEGAL DESCRIPTION: Part of the SEI of Section 32, T7N, R67W of the 6th
P.M. , Weld County, Colorado
LOCATION: North of Weld County Road 74, west of Highway 257.
It is the opinion of the Department of Planning Services' staff the
following Standards, as approved for USR-73i are not in compliance:
1. The Use by Special Review permit is for a horse training and boarding
facility as submitted in the application materials an file in the
Department of Planning Services and subject to the Development
Standards stated herein.
In addition to the confinement of horses, the 20. 5 acre parcel is used for
the confinement and feeding of approximately 1,000 head of cattle and a tack
and pet shop.
8. The Use by Special Review area shall be limited to the plans shown
herein and governed by the foregoing Standards and all applicable Weld
County Regulations. Any material deviations from the plans or
Standards as shown or stated shall require the approval of an amendment
of the Permit by the Weld County Planning Commission and the Board of
County Commissioners before such changes from the plans or Standards
are permitted. Any other changes shall be filed in the office of the
Department of Planning Services.
The use of the property as a livestock confinement operation is a material
deviation from the Special Review permit as approved.
9. The property owner or operator shall be responsible for complying with
all of the foregoing Standards. Noncompliance with of the foregoing
Standards may be reason for revocation of the Permit by the Board of
County Commissioners.
Based upon the information, the Department of Planning Services' staff
recommends that the Board of County Commissioners consider revocation of
USR-735.
&.0346
Case Summary
ZCH-60
Jefferson Farms
5/28/86 - USR-735 approved by Board of County Commissioners for a
Horse Boarding Facility.
7/21/86 - USR plat recorded.
2/8/90 - Property inspected in response to a complaint.
2/12/90 - Letter mailed to property owner stating the property must be
brought into compliance within 30 days.
2/23/90 - Chuck Cunliffe, Director of Planning Services, met with
Commissioner Kirby, Al Hardin, and Scott Jefferson, and
explained amendment procedure for Special Review permit.
3/13/90 - Probable cause notice of hearing mailed to property owner
and surrounding property owners.
3/21/90 - Probable cause hearing held.
4/9/90 - Property inspected. A tack and pet shop and sign have been
added. The cattle are still on the property.
4/11/90 - Show Cause notice of hearing mailed to property owner and
surrounding property owners.
9 .0346
INSPECTION REPORT
NAME: Joy A. Jefferson
LEGAL DESCRIPTION OF PROPERTY: Part of the SE} of Section 32, T7N, R67W
of the 6th P.M. , Weld County, Colorado
DATE: April 10, 1990 CASE NUMBER: ZCH-60
A tack shop has been opened. The window says, "Now Open For All Your
Pet-N-Livestock Needs". There are also two signs on the County Road, one
advertising a "Clipper" for $95.00. The cattle are still on the property.
2
an 11 J. Cu
Current Plan r
9c0346
tr
(41/, DEPARTMENT OF PLANNING SERVICES
PHONE(303)3563000,EXT.4400
' 915 10th STREET
GREELEY,COLORADO 80631
C.
COLORADO
April 11, 1990
TO: SURROUNDING PROPERTY OWNERS
Subject: ZCH-60
NAME: Jefferson Farms, c/o Joy A. Jefferson
FOR: A horse boarding facility.
LEGAL DESCRIPTION: Part of the SE} of Section 32, T7N, R67W of the -6th
P.M. , Weld County, Colorado
LOCATION: North of Weld County Road 74, west of Highway 257.
A Show Cause Public Hearing is scheduled before the Weld County Board of
County Commissioners on Wednesday, April 18, 1990, at 10:00 a.m. in the
County Commissioners' Hearing Room, First Floor, Weld County Centennial
Center, 915 10th Street, Greeley, Colorado.
The purpose of this public hearing will be to review case number USR-735 for
compliance with the Development Standards as approved by the Board of County
Commissioners on May 28, 1986, to determine if revocation of USR-735 is
appropriate.
You are receiving this notification because your property is within 500 feet
of the property being reviewed. All persons in any manner interested are
requested to attend and may give testimony pertaining to ZCR-60 and the uses
occurring on the approved site. For additional information write or
telephone, Lanell J. Curry, Current Planner.
WELD COUNTY DEPARTMENT OF PLANNING SERVICES
913 10th Street - Room 342
Greeley, Colorado 80631
Phone: 356-4000 - Extension 4400
9‘04346
SURROUNDING PROPERTY OWNERS
JEFFERSON FARMS
JOY A. JEFFERSON
ZCH-60
James A. and JoAnn J. Ochsner
7422 Weld County Road 74
Windsor, CO 80550
Dennis M. and Bonita L. Sterk
7511 Weld County Road 74
Windsor, CO 80550
Amigo Farms, Incorporated
1200 Carousel, Suite 100
Windsor, CO 80550
Kenneth J. and Margaret K. Hall
7554 Weld County Road 74
-Windsor, CO 80550
Teter C. and Nancy D. Hyland
2515 Falcon Road
Fort Collins, CO 80526
Harrison Resource Group
760 Whalers Way, Suite A-200
Fort Collins, CO 80525
t►vt.0346
C E R T I F I C A TE OF MAILING
I hereby certify that I have placed a true and correct copy of the
surrounding property owners and owners and lessees of minerals in accordance
with the notification requirements of Weld County in the case #ZCH-60 for
Jefferson Farms, c/o Joy A. Jefferson in the United States Mail postage
prepaid First Class Mail by postal card as addressed on the attached list.
This 11th day of April, 1990.
hag a
X346
DEPARTMENT OF PLANNING SERVICES
PHONE(303)3581000,EXT.4400
915 10th STREET
GREELEY,COLORADO 80631
k
COLORADO
_April 10, 1990
Ms. Joy A. Jefferson
35 Martin Lane
Englewood, CO 80110
Subject: 2CH-60
Dear Ms. Jefferson:
Notice is hereby given that on Wednesday, April 18, 1990, at 10:00 a.m. , or
as soon thereafter as the agenda of the Board of County Commissioners
permits, the Board of County Commissioners of Weld County will hold a Show
Cause public hearing pursuant to Section 81 of the Weld County Zoning
Ordinance. This meeting will take place in the Commissioners' Hearing Room,
Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado.
The purpose of this public hearing will be to review case number USR-735 for
compliance with the Development Standards as approved by the Board of County
Commissioners on May 28, 1986, to determine if revocation of USR-735 is
appropriate.
Inspection by representatives of this office have identified that you are
not in compliance with Development Standards 1, 8, and 9 of USR-735.
If you have any questions regarding this matter, please telephone.
Respectfully,
lanell J. Curry
Current Planner
LJC:dn
pc Scott Jefferson
7681 Weld County Road 74
Windsor, CO 80550
900346
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